The Alliance herald. (Alliance, Box Butte County, Neb.) 1902-1922, May 16, 1922, Image 1

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Official Paper of Box Butte County
TWICE A WEEK TUESDAY AND FRIDAY
Official Taper of the City of Alliaae
VOLUME XXIX
(Eight Pages
ALLIANCE, BOX BUTTE COUNTY, NEBRASKA, TUESDAY, MAY 16, 1922.
No. 43
RAILROAD AND
COMMUNITY ARE
INTERDEPENDENT
SUIT. F. G. GURLEY TALKS TO
CHAMBER OF COMMERCE.
Alliance to Celebrate Fourth With
Old-Fashioned Program, With
Everything Free.
Supt. Fred G. Gurley of the Alli
ance division of the Burlington was
one of the principal speakers at the
Monday luncheon of the Alliance
chamber of commerce. Mr. Gurley,
secoi.ded the invitation of General
Superintendent A. G. Smart, extended
ixt the last meeting, to the business
men to make a tour of inspection of
the Burlington plant here and get ac
quainted. Mr. Gurley complimented his su
perior by saying that he was in the
position of a private telling General
Perching how to win the war, but
succeeded, nevertheless, in making a
most interesting address on the rela
tion of the railroad to the community
and their mutual interdependence.
There is nothing mysterious about
the railroad business, Mr. Gurley said.
The railroads of the country are now
being operated on a business basis.
They furnish the essential link be
tween the consumer and the manufac
turer. He illustrated this by referring
to the days when every community had
to possess manufacturers of all es
sential lines, and told how the coming
of the railroads had enabled manufac
turers to branch out and supply a
much larger area with their goods, and
also how this had benefited the con
sumers. The railroads do much to
maintain the United States, he de
clared, and on the other hand, without
the support of the people, the rail
road are unable to accomplish any
thing. in .-econding Mr. Smart's invitation,
he urged that business men get ac
quainted with the railroaders and their
problems. He thought that a bit more
of mutual understanding would work
wonders. He gave the men present
some idea of the enormous diificulties
that the railroads meet in every-day
maintenance, illustrating by the Mis
souri river divisions, which he said are
the worst in the world, due to the
river's annoying habit of changing its
course. ... . . . . V
To Celebrate the Fourth.
After some discussion, the members
of the chamber of commerce endorsed
the renort of the special committee
which last Wednesday met to consider
plans for a Fourth of July celebration
here. The committee decided that this
year there would be a departure from
the custom of later years, and that in
stead of carnivals and outside amuse
ments of one sort and another, there
would be a program of free entertain'
ment for the visitors. Among the feat
tires under consideration are a. bar
becue and a roundup, with prizes for
various competitions among ranchers
in this territory, and all entertain
ments will be free.
An effort will be made to have near
by communities and towns join in with
Alliance, and not stage competing cele
brations. T. J. Lawrence ot the Fair
view neighborhood, who was present.
said that Fairview as yet has mado
no plans tor a ceieorauon, ami mk
while he could not speak for the near
by towns, he was satisfied that the
fiifferent community centers would not
enter into competition.
A special committee to have in
charge the Fourth of July celebration
will probably be appointed within the
next few days, unuer me pian
adopted, some $1,500 or more will hava
to I e raised to defray the expense o.
the undertaking,-but it is thought this
will present no great dilficuly.
McCorkle Tells of Trip.
J. C. McCorkle of the Nebraska
Land company gave an account of his
recent trip. He started out alone in
his car, he said, in outer that there
would be no witnesses to contradict
anv stories he might tell on his return.
He' confined his remarks largely to
roads over which he had gone and the
effect of bad roads on the gasoline
consumption,
Th tir.-t laD cf the triD was madei
over the Potash hiehway from Alii -
unce to Grand Island, a distance of oo4 ;
miles, ihis required twenty-one gai
Ions of gasoline, an average of about
1G miles to the gallon. The Potash
highwav, he said, is in pretty fair con
dition, with the exception of a stretch
of sixteen miles from Ellsworth to
Bingham. It was slow and diincuii
toing here, but by small detours ami
good luck he made it. On the return
trip, he went from Grand Island to
Broadwater, making the 348 miles on
fifteen gallons of gasoline, an average
of twenty-five miles and better to the
gallon. On the trip from Broadwater
to Alliance, however, he found a
.stretch of road just a few rods in
length that was impassable, and neces
sitated a detour of fifteen miles. Some
portion of the road was in such con
dition that low speed was necessary
Mr. McCorkle, however, was satis
f.nm the fiirures obtained on gas
consumption that the G-P-C highway
is destined to be the best route, and
urged that the local cnamoer oi com
YWrv work harder on his project.
It was suggested that Broadwater
(Continued on rage a.)
Clarence," Senior
Class Play Was
Presented Friday
"Clarence," the senior class play was
presented to a large eudience at the
imperial theatre Friday evening. The
play was greatly enjoyed, and made
one of biggest hits of anv amateur
play ever put on in Alliance. The
play, which was by Booth Tarkfngton,
is clever from start to finish, being
lull or humorous situations all the!
way tnrougn. l he places of the juven
ile members of the cast, taken by
Josephine Wright and Edward Morrow
were particularly full of humor for
which Booth Tarkington is famous.
Rowland Threlkeld and Mariellen Bea
gle, the loading man and lady were
particularly good, being no dissap
poinlment to those who have seen
them before. Clarence Ralls made an
excellent villian, gaining the hatred
of the audience without the slightest
trouble. Mr. and Mrs. Wheeler, taken
by Harold Clark and Leota Becker,
played through their rather remark
able joys and sorrows in masterly
manner. The play, which was put on
after the regular picture, ran until
rather late, but was interesting enough
to hold the attention of the audience
until the last curtain.
COMMISSIONERS IN SESSION.
County Commissioners Duncan ami
Hashman started this morning to hold
the regular May meeting of the county
board. Commissioner Carrcll will not
be present on this occasion, it is sn.'d.
There is nothing but routine business
matters to be disposed of, and the
session should be over within a few
days.
THE HEMINGFORD
WOMAN'S CLUB
IDEA SPREADS
STAND ON ARBUCKLE FILMS
MEETS WITH APPROVAL.
National Headquarters Approves Res-
olution and Is Using it in Argu
ment With Producers.
The members of the . Hemingford
Woman's club are feeling greatly
pleased over the reception by the na
tional headquarters in New York city
of their resolution, passed a rew wesks
ago, which bound the members of the
club not to sit through any movie
program containing a Fatty At buckle
film. Mrs. E. E. Ford, an otFicer of
the Hemingford club, has received the
following letter from Mrs. Woodallen
Chapman, chairman of the committee
on community service in motion pic
pictures. Mrs. Chapman writes:
"I am much interested in your let
ter of recent date. I sent a letter to
the president of the producing com
pany protesting in the name of the
federation against the showing of Ar
buckle films, and giving my most con
vincing reasons why these films should
not be shown. I wrote a similar let
ter to Mr. Hays, telling him why the
federation felt that his ban on Ar-
buckle films should be made perman
pi.t. How much effect these letters
will have I do not know
"However, your suggestion as to a
resolution binding the women never to
sit through an Arbukle film strikes
ne us a-very effective w-ay of con
vincing the producers tnat we mean
what we say, and 1 shall have such a
resolution drawn and pres
, biennial convention."
cnteel at the
Hemingford Started Somc'.hing.
There is little ijuestion that the ac
tion of the Heimngfoni women seems
to have started something that is a
long way from finished as yet. Ar-
buckle believed that his acquittal at
the hands of a jury was all that stood
letwcen him and prosperity, but Will
Hays, czar of the movies, exploded a
bomb under his chair when he in
formed the fat comedian that until
further notice, lie was barred from
acting for the films and that no re
leases would be made,
Mrs. Arbuckle recently visited
friends in Omaha, and announced that
neithe r she nor her hu.-ban.l could un
' derstand why he was disci iminated
against. She gave it as her opinion,
however, that the action was only
temoorarv. and that the bars would
be lifted before long.
Mrs. Arbuckle's hopes seem in
fair way to be realized, according to
the latest movie gossip. The rumor
is that after six months have expired
and the oublic has had an opportunity
to foreut. his films will be released
for a trvout. Here s where the ac
tion of the Hemingford club and oth
er woman's clubs who have followed
the suce-estion will have an opportun
itv to be felt. Apparently, national
headquarters recognizes the merit in
the Hemineford way of doing things
and if thev will follow it up, there
is little likelihood that Arbuckle will
ever get back to his former soft snap,
SACRED CONCERT
TOMORROW NIGHT
You are invited to the Sacred Con
cert at the Baptist church tomorrow
evening at eight o'clock. Admission
free, but a free will offering will be
taken. Even-body welcome. 49
LAST OBSTACLE
FOR NORTH STAR
OUT OF THE WAY
PERMISSION TO GO THROUGH
HALL & GRAHAM RANCH
Nothing to Prevent Immediate
vey and Construction of
"Missing Link"
Sur-
After several months of argument,
disagreement and efforts at compro
mise, nothing now stands in the way
of the completion of the North Stair
highway between Bridgeport and Alli
ance. Up until a few weeks ago, the
counties of Box Butte and Morrill
were deadlocked over the routing of
the road, Box Butte favoring a load
along the Burlington tracks and Mor
rill county protesting that such a rout
ing was a financial impossibility. Sec
retary Lloyd C. Thomas of the Alli
ance chamber of commerce and offi
cials of the Bridgeport chamber of
commerce, got the two sets of commis
sioners to agree on a compromise road
as a temporary expedient, the under
standing being that so soon as funds
are available, the track road will be
constructed. Both boards of commis
sioners passed the proper sets of res
olutions, the state engineer's endorse
ment was secured, and but one thing
stood in the way of an amicable ad
justment of the disagreement.
The one thing was the attitude of
Hall & Graham, who had announced
they would fight any attempt to go
through their ranch. Secretary Thom
as undertook to arrive at an adjust
ment of this difficulty, and Friday
mailed to S. S. Garvey, chairman of
t lie Morrill county board of commis
sioners, the following letter from Hall
& Graham:
Five-Year Rishl-of-Way.
"ALLIANCE, Nebraska, May 12.
Board of County Commissioners, Mor
rill County, Bridgeport, Nebraska.
Gentlemen: 1 have today seen the
road resolution passed and signed, at
Bridgeport on April 17, 1922, and
signed by the officers of the Bridge
port chamber of commerce and by Mr.
S. S. Garvey, chairman of your board.
"As you know, a large portion of
the temporary road between Bonner
and Letan will cross land owned by
this company. As stated personally to
Mr,
Crownover and to members oft
your board, we are willing to give you
an easement to cross our lands for i
Ivr 7 mpo,.ary "T?.;' neu,
a. j i
i V i- .UmPorary road is to fol-
jwaivnait vaavaa vaviao
lew nit: line uesiKiiaieM 111 iihs rcwiu- i
tion through our lands as nearly as
practicable, the understanding being
that slight detours may be made where
necessary, to avoid bad sand or other
ifficulties.
(2). You are to construct sub
stantial automobile gates and maintain
the same in good condition at such
points as the said road shall go
through our fences, lou are to in
stall "wagon" gates adjoining the
said auto gates at all points for the
convenience and use of teams.
(3). This easement is granted
only for a period not to exceed five
ears and it is distinctly understood
that we in no way convey the title to
his land, u.-ed for road purposes, to
the county of Mirrill or to anyone else,
but that the title to the same and
rosession of the same are to remain
with us.
(4). It is understood that no
fencing is to be done by anyone other
than ourselves or our agents along
the route of this road.
"We are heartily in sympathy with
the good roads movement ami trust
that you will at once construct a pas
sable, temporary road along the plans
and route dosirrnated ly the resolution
mentioned. We write th;s letter solely
for the purpose of making plain all
points on which there miirht bo a
chance of a munder.-.tanding or dis
pute later, anil in carrying out the
work of constructing said temporary
load, it is understood that you will in
so doinrr accept these conditions. Re-
pect fully yours,
"HALL & GRAHAM,
"By Eugene A. Hall."
Juvenile Court Has
Found a Home for
Miss Mildred Routh
County Judge Tash, who is also
judge of the local juvenile court, has
alter considering the matter for sev
eral days, found a suitable home for
.Mildred Routh, the sixteen-year-old
daughter ot Mr. and Mrs. E. L. Kouth
living near Letan. On complaint of
tne lather, the girl was hailed into
court some days ago. and Judire Tash
was asked to appoint a suitable person
or institution guardian for her. The
father c.aimed that the daughter was
incorrigible and disobedient, but the
daughter declared that she was ill
treated at home.
Judge Tash has selected a the
guardian Mrs. Fred, Trenkle, living
eight miles south of Alliance, and ihe
Rcuth girl is now in her new home.
Mrs. Trenkle offered her a home with
a room to herself, as well as a salary
of $5 per veil. The gi- was joorly
dressed whiiij in court, and was ery
anxious to g into the Trenkla home.
BALLOT FAVORS
GIVING FORD CAR
TO P. I. BEACH
SPECIAL VOTE OF MERCHANTS
TAKEN SATURDAY.
Count Stand- 1 to 21 Walker
lrohabIy Carry the Case
Into the Courts.
Will
So far as the committee in charge
of the free Ford distribution is con
cerned, tho matter is settled and the
prize automobile is definitely award
ed to l'erley 1. Bench, Burlington em
ploye, who held the second numlnr
drawn. Calvin D. Walker, brunch
munager of the Keo garage of this
city, who held the winning number
and was ruled out because he was
classed as a business man, is not at
all certain that the incident is closed.
He has been advised by attorneys that
the courts will look favorably ujxm
his claim, and is inclined to test the
matter further with the aid of bench
and bar.
The incident is unfortunate, from
the standpoint of the merchants who
ottered the car as an attraction lor
the annual auto show. Tickets were
distributed free with sales of mer
chandise and payments on account.
The rules for the competition were
not explicit, but it was generally un
derstood that business men would be
barred from winning the car. Mr.
Walker secured the winning ticket
with the purchase of some coal irom
the Dierks Lumber company, and
urged that he was not, strictly speak
ing, a business man, but a .salaried
employe with a status quite similar
to that of Mr. Beach, second in the
list and rival claimant for the car.
The decision has been held up for
several days, pending attempts at .in
amicable settlement. There were forty-eight
merchants who participated in
the distribution of free tickets, Mr.
Walker s employers not being among
them. It was swggested by Mr. Walk
er that the decision be leit to a ma
jority of the merchants. A paper was
circulated by Mr. Walker, am 1 he se
cured twenty-four signatures of mer
chants who stated that they believed
him entitled to the car. This number
was just one short of a majority.
A second attempt was made to ar
rive at a decision last Saturday, when
v?" "''',. ""v'i"?
fortyight Te1 Fielding, whose shop
! the rio ticketg we
uururu uui iiik mc w iwu
distributed, was ruled out,
and the
itmaining forty-seven were asked to
t & ?ecret ballot for either Waiker
PAnrVi
Vote Favors Beach.
When the ballots were counted Sat
urday evening, it was found that
twenty-four of the forty-seven mer
chants had voted in lavor giving
Beach the automobile. One of Mr.
Walker's supporters was ruled out, u.d
his total vote was twenty-one, showing
that some of those who had signed his
ictition had experienced a change of
heart, 'there were two ballots that
were blank. The men who cast trem
hail written the word "blank" upon
them, in order to show that they didn t
care to express an opinion.
One of these firms, it is undorsto id,
had been in favor of balloting, out
argued that the way to take a ballot
w as according to the number of tickets
purchased, making a tort of .-tock-holders'
meeting of it. This procedure
was not lolioweu, noweer, nu cacii
merchant was allowed one vote.
The vote of 21 to 24 was t-urioent
basis for the committee to award the
cur to Beach, it is announced.
But Mr. Walker is not certi-n as to
iust what course he will ta',J. "i nave
Kuters. I hold the winning ucko.. it
seems to me that I have a fighting
chance if the case is taken to court,
and unless 1 change my mind, whitii I
have no present intention of doing, I
.-hall follow the advice ot my attor
neys and friends who have urged me
to go the limit."
Lee Rasyc Files
for Nomination for
County Attorney
The first political development in
several weeks occurred this morning,
when County Attorney Lee Basye fileel
for the republican nomination for the
office he is now holding. If there is a
democratic aspirant for the office, he
has not yet maile his desires known
to the public. Several other candidates
have been suggested by friends, but
not one has come into the open
Mr. Basye has been undecided for
several weeks, hovering between kcv
eral offices, but his friends finally per
suaded him to have another try at his
old office rather than seeking new
worlds to conouer. He is conceded
to be a strong candidate, even though
the full strength of the opposition is
not known.
A. P. Gordon of Hemingforel this
afternoon filed as a democratic can
didate for state representative. He
was accompanied by Rev. B. J. Minort,
a signed statement iom iwou -ii.ui ?ta, ;n , that he believed it an excellent
merchants who say that thiv lH?yc 1 j i(, f)r RieniKTS f the two chambers
am entitled, to tne car, mi. w.nur ,, , .:, :.,,. ,lf ,h two towns to "rub
told a Herald reporter this inon-mg. ', , , r " --The
vote in favor of Beach shows Mloull'V . . . , . ,,
that he has but twenty-four iup- Incident of Early Days
TUG WEATHER
Forecast for Nebraska: Fair to
night and Wednesday; slightly warm
er tonight in the western portion of
the state.
Alliance Defeats
Berea Sunday in
Practice Game
The Alliance baseball team defeated
Berea Sunday in a practice game, 13
to G, in seven innings. The game was
featured by home runs, Alliance get
ting four, and Berea one. GritVis,
Slattery, Fenning and Garvin clouted
the pill for four bases for Alliance,
while 1. McDonald of Berea also got a
circuit swat. At the end of the sixth
inning the score was ( to 3 in favor of
the Berea pastimers, but in the seventh
: . . . t t i .
inning finance wrni wiki anil put over
ten runs. The game was then called
because of the cold, and because of
durknesa.
Garvin, high school athlete, who
played left field, played a good game,
and will make a strong bid for a regu
lar berth. The Berea team, one of the
leaders in the county league, had an
olf Sunday because of a forfeit by
their opponents, This left them free
to play a practice game with the
locals.
The next game for Alliance will be
with Minatare here next Sunday, May
21. The Minatare team is always
strong and this will undoubtedly be a
real battle. This game will be at the
Fairgrounds ami will be called at 3 p.
m. tt should draw a good crowd, as
Alliance undoubtedly has a strong
team and it deserves some good sup
port. ALLIAlCE MEN
ARE ENTERTAINED
AT HEMINGFORD
JOINT MEETING OF THE TW(
CHAMBERS OF COMMERCE
Hatchet Buried and Mutual Prom,
iaea of Co-operation and
Friendship Mad
In response to an invitation of the
Hemingford chamber of commerce,
which has juat recently organized, fire
auto loads of Alliance men. practically
all of whom were members of the Al
liance chamber, left this city at 7
o'clock Friday evening. The trip was
made via the "Hashman road," which
was found to be in excellent condition
for practically the entire length. On
arrival in llemingtoru, tne Alliance nowe, together witn winuwr,
men were greeted very cordially by were taken to jail, and kept
A. M. Vance, president; M. C. n the city bastile until Monday morn
Hurd, secretary; and other members ' jnf Their hearing was set for Friday,
of the Hemingford chamber. The Ba Judge Berry was leaving town and
meeting was held in the American Le
gion hall, which was well filled.
President Vance presided and after
the routine business was transacted,
called on the entire Alliance dt'egation
and a number from Heminglord for
short talks. The Alliance men were
asked to make suggestions in the'.r
talks for the conduct and operation of
the Hemingford organization. The
speakers includible the following:
George Id. Jenkins of Hemingford,
who welcomed the Allianceites and
thanked them for their visit. He stated
that the Hemingford organization was
i the first of its nature since l'.HK. In
rlnsmir he urired that all work tor
"ji Pip.-iter All.ance. greater Heming
ford, gi cater liox liulte county ami
greater western Nebraska."
True Miller, president of the Alli
ance chainlir, responded to Mr. Jen
kins with a short and timely talk,
M.ivor It. M. Hamnton of Alliance
stated that he h;id lived in Box Butte
county since the year and tnat
there weie many things about tno.e
lays that he did not want to forget.
He told some interesting incidents oi
the days when Hemingford was first
started', lefore the advent of the rail
road and before Alliance was tnougnt
of. His homestead "pre-amption was
three miles northeast of the site ot
Hpminerford. Mr. Hampton stated
that he is opposed to "tenantry" and
that the country which builds the best
is the one where the farmer owns nis
farm. Land should be priced accord
ing to what it produces. Mr. Hamp
ton endorsed the weekly luncheon plan
stating that it was a fine thing for
(Continued on Page H.)
Open Bids Friday
For Addition to
St. Agnes Academy
Announcement is made thr.t on Fri
day of this week, bids will be opened
for the constuction of the new f 7 3,000
addition to St. Agnes academy in this
city. To date, staled bids hae I een
received frm fums in Omahi-., Lincoln
Central Ci'y. ilacy, Hay Sjrinci aiu
Sioix City, la., and it is piobable that
there will be a large gathering ot
hiiful conrrators on hand Friday,
when the bids are opened.
NINE YOUTHS
CHARGED WITH
INTOXICATION
CITY 1JASTILE MUCH CROWDED
OVER SUNDAY.
Quartet Drew Fine Monday Moraine,
and Others Will Face Judge
L. A. Jlerry Friday.
The minions of the law spent a busy
evening Saturday, arresting nine men,
four of whom have been tried and th
other five being released on their
own recognizance for appearance Fri
day. The four who have been trietl
are Virgil Abar, Boyd Parsons, Marvin .
Westbrook and Clark l-ewis. All
pleaded not guilty but Abar, West
brook and Lewis were each fined $50)
and costs each, while Parsons, who
offered to tell where he got the liquor,
was fined $10 and costs.
The tour were arrested at Raster's
barn dance last Saturday by Leopold
Kastner, proprietor of the place, ami
were charged with being drunk and
disorderly, and with resisting am
officer, as Kastner. who is a deputy
sheriff, claims that lie had considerably
trouble In bringing the quartet to
town.
The trouble is said to have started
when young Westbrook, while on ths
dance floor, took off his coat and offer
ed to lick any and everyone in tha
hall. Hostilities were postponed, how.
ever, until Westbrook and his compan
ions went downstairs, where West
brook and another boy proceeded to do;
battle. No great damage was done,
as neither of the combatants was
steady enough to do any damage. Mr.
Kastner called on some of the specta
tors and the four were taken to town
in a truck. They were lodged in ths
city jail until Monday morning. Par
sons paid his fine at the hearing and
was released
Westbrook and Abar also paid their
fines, while Iwis was taken to ths
county jail. He will be held there until
his fine is paid or the time spent in
jail will allow his release. It is under
stood that his friends are working to
raise the money for his release.
Another bunch was taken in by
the officers, these being arrested by .
Chief JeiTers, Burlington Special
Agent Martin and Night Policeman,
Stilwill, who noticed the rather pecul
iar actions of .five. young men who
were in the dly Pac ot J Smith's
nonl halL The officers arrived just
in time to see one of them, James
Wimmer, tip a bottle to his lips. Ths
bottle was dropped to the ground, l ot
iittie 0f the evidence was spilled.
other four Lyle Rose, Lawrence
Williams, Jim Roby and Tommy
u-aa untitle to hear the ca.se. About
cupful of pure white sugar whisky, ot
apparently good ciuaiiiy as nounes
whisky goes, was taken.
The jail, w th the nine men in it
was, to put it milelly, somewhat full,
as the ordinary capacity of the bastile
is only two. They were kept Ri.fi.ly,
if not comlortably until Monday.
Court Decides
Against Fielding
in Suit Saturday
Following a hearing in county court
Saturday afternoon. County Judge
Tah gave a judgment of $100.40 and
costs in favor of the Newberry Hard
ware company against Ted Fielding.
The hardware company sued for
$205.40 tor material ami lalor used in
installing a steam pressing plant lor
Fielding. Mr. Fielding's defenre was
thU the plant bail not functioned
properly; that when the steam con
densed, it didn't return to the boiler,
but came back to the pressing machine,
where it spread over the pressing paels,
the garments and the floor generally.
Mr. Fielding claimed damages of
$312.C0 by reason of being compelled
to buy extra coal, loss of time and
possible profits and earnings, as well
as the unusual length of time getting
his plant into operation. He asked
for a judgment of $101.00 after de
ducting the claim against him.
The evidence snowed mat tne ew-
ii-rv rnmminv was not the eiesigners
of the plant; that Fielding had bought
the boiler and condenser anu presser
and had installed them himseir; anei
that Newlierry's had furnished the
pipe, material and labor to connect
them. Ihe mecnanic in cnarge 10114
Mr. Fieklinir that he tlidnt believe
that the plant could be operated suc
cessfully with the boiler on a level
with the press, but tnougnt tne in
stallation of a trap might solve th
problem, although he wouldnt guar
antee it. The building had no base
ment and the defendant said to go
ahead.
Judge Tash ruled that Newberry a
was not responsible for any'bing but
defective workmanship, ami were not
liable for any fault or defect in the
designing of the plant. Ed Brennan.
testified that had the trap been low
ered eighteen inches, he thought it
would have functioned properly, and
the judge deducted from the total
amount claimed the cost of lowering
the trap.